You have asked whether certain information is subject to required public disclosure under
chapter 552 of the Government Code. Your request was assigned ID# 128100.

Ervin L. Cain, Justice of the Peace of Precinct 2 of Brazos County, received a request for a
copy of an autopsy report. The Texas Open Records Act, chapter 552 of the Government
Code, does not apply to records of the judiciary. See Gov't Code § 552.003(1)(B). Because
a justice of the peace is a member of the judiciary, records maintained by a justice of the peace
are not subject to disclosure under chapter 552. See Tex. Const. art. V, § 1; Open Records
Decision No. 25 (1974). However, in Open Records Letter No.98-3307 (1998), we
addressed the question of an autopsy report ordered by a justice of the peace in a county
without a medical examiner and made part of an inquest record is open to public inspection.
We have enclosed a copy of that ruling, which concludes:

To summarize, article 49.15(d) of the Code of Criminal Procedure deems an inquest summary
report confidential and subject to inspection only by order of the district court. Article
49.15(a) of the Code of Criminal Procedure does not make an inquest record confidential, and
therefore, an inquest record, including an autopsy report, is open to public inspection
pursuant to section 27.004 of the Government Code and the common-law right to inspect
records of the judiciary.

Open Records Letter No. 98-3307 at 4 (1998).

We are resolving this matter with an informal letter ruling rather than with a published open
records decision. If you have any questions about this ruling, please contact our office.